(A) A "BOATHOUSE" is defined as a structure for the storage of a boat that is constructed over a boat slip that leads into Lake Wackena or Spring Lake. A "BOATHOUSE" is considered an accessory building or use and may be permitted subject to the provisions of this chapter.
(B) Design standards. All boathouses shall meet the following design standards:
(1) A boathouse shall be designed solely for storage of a boat. There shall be no more than one boathouse per lot.
(2) A boathouse shall not cover an area of more than 500 square feet ("foot print").
(3) Earth tone colors or colors that complement the design of the principal building shall be used on all exterior surfaces of the boathouse.
(4) A boathouse shall not exceed 12 feet in height from the highest point on the land within the area covered by the boathouse ("foot print").
(5) A boathouse shall be of post and beam construction and shall not have exterior walls.
(6) A boathouse shall be constructed at least 15 feet from the nearest side property line of the lot on which it is constructed and at least ten feet from the edge of Lake Wackena or Spring Lake, whichever lake is applicable; provided, however, this division (B)(6) shall not apply to boathouses constructed over boat slips that existed prior to January 1, 2005. A list of the property addresses of boat slips existing on February 1, 2005 shall be maintained by the Village Clerk.
(7) Boathouses shall be designed using a flat roof or with a roof no greater than a 3/12 pitch.
(C) Property owner must obtain all applicable State of North Carolina and federal permits for construction of a boathouse before making application for a zoning permit and shall submit proof of such state and federal permits at the time of making application for a zoning permit.
(D) No zoning permit shall be issued for a boathouse pursuant to § 94.82 and no construction shall begin, nor shall any remodeling or renovation of an existing boathouse begin until the plans for the boathouse or renovation of the boathouse have been finally approved by the Village Council as hereinafter set forth. Plans submitted for approval shall show:
(1) Site plan, drawn to scale, showing accurate dimensions of the lot and the location of the proposed boathouse on the lot including the dimensions and location of the boat slip over which the boathouse is proposed to be built.
(2) An elevation plan of the boathouse to include the design, the color, construction materials and such other information as may be necessary to provide for the enforcement of this chapter, including the height, dimensions, color, location and materials to be used for construction.
(E) The Village Council, as the governing body of the Village of Walnut Creek, the owner of Lake Wackena and Spring Lake, shall serve as the Architectural Committee for the purpose of approving the construction of boathouses under applicable restrictive and protective covenants.
(F) The review and approval procedure shall be as follows:
(1) An application for the construction of a boathouse shall be submitted to the Zoning Enforcement Officer.
(2) The Zoning Enforcement Officer shall review the design plan for compliance with the requirements of this chapter and the zoning ordinance. The Zoning Enforcement Officer shall advise the owner of the regulations pertaining to the proposed construction and the procedures to be followed in the preparation and submission of the plans.
(3) The Zoning Enforcement Officer shall discuss with the owner changes deemed advisable, if any, and the kind and extent of improvements or changes to be made by the owner prior to presentation to the Planning Board.
(4) The Zoning Enforcement Officer shall present the application to the Planning Board.
(5) The Planning Board shall recommend approval, approval conditionally, or disapproval of the plan based on compliance with the standards in this chapter. The plan and the Planning Board's actions shall be sent to the Village Council of the Village of Walnut Creek for its action. If the Planning Board recommends conditional approval, the conditions and reasons for such action shall be stated.
(6) Should the Planning Board fail to act on the proposed boathouse within 90 days after submission of the application, the owner may seek approval at the next regularly scheduled meeting of the Village Council.
(7) If the Planning Board recommends denial of the application, the reasons for such action shall be stated in writing.
(8) If the Village Council approves the application, a zoning permit shall be issued. If disapproved, no zoning permit shall be issued. The Village Council’s decision shall be based on compliance with the standards in this chapter.
(Ord., passed 2-23-05; Am. Ord., passed 5-24-06; Am. Ord., passed 6-23-21)